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(영문) 창원지방법원 2017.06.15 2016나54555

부당이득금

Text

1. Revocation of the first instance judgment.

2. From May 7, 2015 to June 15, 2017, the Defendant paid KRW 31,590,000 to the Plaintiff and its related costs.

Reasons

1. Basic facts

A. On October 29, 2008, the Defendant entered into an insurance contract indicated in the attached Table 1 (hereinafter “instant insurance contract”) with the Plaintiff as the Defendant.

B. The Defendant received hospitalized treatment for a total of 847 days from November 24, 2008 to April 9, 2015, which was after the conclusion of the instant insurance contract, and the Defendant received KRW 31,590,000 in total from the Plaintiff as shown in attached Table 2.

C. Before and after the conclusion of the instant insurance contract, the Defendant concluded a five guarantee insurance contract with four insurance companies including the Plaintiff from January 5, 2005 to December 17, 2013, and received insurance proceeds from them. The details are as follows.

Net Insurance Company’s name contractor of the product and the insured’s monthly insurance premium receipt amount for the 1.07,920,802,548 on Jan. 5, 2005, 107,920,802,548 2.05,2105,245,5873 Han 2, 2008, 300,300,31,590,590,000,000,0004 No. 31,00,000,000, 31,000,0004, 30,000,000 won of Samsung Insurance Co., Ltd.’s insurance policy, 200,000, 30,000,000,000 Samsung 200,5482, 5482, 200, 301, 2037, 201,37,01,0

2. The parties' assertion

A. The plaintiff's assertion that the insurance contract of this case was concluded for the purpose of unjust acquisition of insurance money through multiple insurance contracts, and thus, the insurance contract of this case constitutes null and void in violation of good morals and other social order under Article 103 of the Civil Act.

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